1. Introduction

These Terms and Conditions ("Terms") govern your use of Simple PDF Export for Guide (the "App"), a Zendesk Marketplace application provided by Kookyhaus LLC ("Provider", "we", "us", or "our"). By installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Subscription and Billing

2.1. Subscription Fee: The App is available for a subscription fee of $40.00 USD per month.

2.2. Billing Cycle: Your subscription will be billed on a monthly basis through the Zendesk Marketplace billing system.

2.3. Payment: Payment for the App is processed through Zendesk's billing system. By subscribing to the App, you authorize Zendesk to charge the payment method associated with your Zendesk account.

2.4. Taxes: The subscription fee does not include taxes. Any applicable taxes will be added to your invoice.

3. Subscription Term and Cancellation

3.1. Term: Your subscription begins on the date of installation and continues on a month-to-month basis until canceled.

3.2. Cancellation: You may cancel your subscription at any time through your Zendesk Marketplace account. Upon cancellation, you will continue to have access to the App until the end of your current billing period.

3.3. No Refunds: We do not provide refunds for partial subscription periods or for any unused portion of your subscription.

4. Access and Usage

4.1. License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App solely in connection with your Zendesk account.

4.2. Usage Restrictions: You agree not to:

• Reverse engineer, decompile, or disassemble the App
• Rent, lease, lend, sell, or sublicense the App
• Create derivative works based on the App
• Use the App in any manner that violates any applicable laws or regulations
• Use the App to infringe upon the rights of others

4.3. Zendesk Requirements: Your use of the App is also subject to Zendesk's terms of service and any applicable Zendesk Marketplace policies.

5. Data Privacy and Security

5.1. Data Processing: The App may process certain data from your Zendesk account in order to provide its functionality.

5.2. Data Protection: We implement appropriate technical and organizational measures to protect your data processed through the App.

5.3. Privacy Policy: Our processing of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Service Levels and Support

6.1. Availability: We aim to maintain high availability of the App, but do not guarantee uninterrupted access.

6.2. Updates: We may release updates to the App periodically. You agree to install such updates to maintain compatibility and security.

6.3. Technical Support: Technical support for the App is available via [email protected] during normal business hours.

7. Intellectual Property

7.1. Ownership: All right, title, and interest in and to the App, including all intellectual property rights, are and will remain with the Provider.

7.2. Feedback: If you provide suggestions, ideas, or feedback regarding the App, we may use these without restriction or compensation to you.

8. Warranty Disclaimer

8.1. THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2. WE DO NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE APP.

9.2. THE PROVIDER'S TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Changes to Terms

10.1. We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the new Terms on the Zendesk Marketplace listing for the App.

10.2. Your continued use of the App after such modifications constitutes your acceptance of the revised Terms.

11. Termination

11.1. We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.

11.2. Upon termination, your right to use the App will immediately cease.

12. General Provisions

12.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of North Carolina, without regard to its conflict of law principles.

12.2. Dispute Resolution: Any disputes arising out of or relating to these Terms or the App shall be resolved in the courts of North Carolina.

12.3. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

12.4. Entire Agreement: These Terms constitute the entire agreement between you and the Provider regarding the App and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Kookyhaus LLC
[email protected]